What is counter entry
15 questions and answers about Schufa with a sample letter: "How do I defend myself against incorrect entries at Schufa"
1. What is the Schufa exactly?
The Protection community for general loan protection(www.schufa.de) collects data about consumers. For example, data is already saved when you open an account.
The Schufa itself does not collect any data, in particular it does not carry out any research. It is purely a data collection point and completely relies on the information provided by its contractual partners. In addition, it evaluates the debtor registers of the German local courts, in which one is entered if one had to submit the affidavit.
Schufa's contractual partners in the European internal market are, for example, banks, building societies, insurance companies, mail order companies, leasing companies, department stores, telecommunications companies, debt collection companies, etc. Credit brokers are no longer contractual partners of Schufa.
The Schufa contractual partners receive two types of information from the Schufa: the A information and the B information. B-information only contains information about whether you as a customer behave in accordance with the contract and, for example, properly repay the installments. The A statements are more serious. For lending, keeping a current account and issuing credit cards, the contractual partners (mainly banks in this category) receive information about your entire debit in addition to the B information.
In addition to the Schufa information, lenders can receive a score (see next question).
2. What is the so-called Schufa scoring procedure?
Even if you are not guilty of anything (if you already have negative entries with Schufa, the score is not even calculated), your creditworthiness can be questioned. The reason for this is the Schufa prognosis procedure.The score (analogously: "number of points", "number of points") is a percentage value between one and one hundred, which is determined by computer. The lower the value, the worse the financial forecast. The forecast concerns the percentage probability of a payment default. A high value means that repayment of a loan, for example, is very likely.
As an individual customer, you will not be rated based on your personal data, but based on the data of a comparison group with similar data. The score is intended to predict, purely statistically, whether a certain loan agreement will develop in a similar way to the loan agreements of comparison persons in the past. Important data such as a permanent job and high income are not taken into account because the Schufa is not allowed to collect data on assets and occupation at all.
The scoring process is controversial. The Hamburg District Court (file number 9 C 168/01) has sentenced Schufa to refrain from passing on the score of the plaintiff, a businessman, to its contractual partners. However, the judgment only affects this individual case. Anyone who wants to prevent the Schufa from passing on the personal score value must prohibit it from doing so with reference to the judgment itself.
However, this is not necessarily recommended, because if no score result appears in the Schufa query, the clerk may wave away: Without a score, no credit.
The Federal Court of Justice ruled on January 23, 2014 (VI ZR 156/13): A person affected by a credit report from Schufa is entitled to information about which personal, in particular credit-relevant data is stored there and the probability values communicated to the defendant's customers (Score values) are included.
However, the so-called score formula, i.e. the abstract method of calculating the score, is not to be communicated.
The content of the score formula, which is protected as a trade secret, includes the general arithmetic variables included in the score formula in the first step, such as the statistical values used, the weighting of individual calculation elements when determining the probability value and the formation of any comparison groups as the basis of the score cards.
If a loan application or the opening of an account is denied to you solely on the basis of the score value, please point out that this value only ever relates to groups of people, but does not reflect your personal financial situation and your behavior as a debtor.
Schufa determines its own score for each industry, for example banking, mail order and telecommunications. The values must be requested individually for your own information.
Do you have problems with the Schufa or another credit agency?
Get advice from the consumer advice center! We will help you: personally and independently.
Appointments at [email protected] or phone 0421/160 77 7.
Information on legal advice from the Bremen Consumer Center and the Bremerhaven Advice Center can be found here.
3. What is the so-called Schufa clause?
If you want to take out a loan, lease a car or buy a cell phone, the so-called Schufa clause is usually presented to you in the forms, with which you agree to your data being passed on to Schufa.
In the past there was a lot of controversy about the Schufa clause. The clause had to be redrafted because the Federal Court of Justice has forbidden the general consent to the transfer of data. Since then, the data may only be passed on if the transferring bank checks the informative value and the legitimacy of a specific individual message, carefully weighing the interests of both parties, and also if the credit information system is organized in such a way that the stored data as a whole provides a complete, up-to-date picture of the Provide customer creditworthiness.
You do not have to agree to this clause and can remove it from a contract. However, this carries the risk that you will not get a loan or a cell phone, for example. If you delete the Schufa clause in the account opening application, this can mean that some account services (overdraft, EC card, Eurocard or customer card) are excluded.
4. What is to be made of loans "without Schufa information"?
Do not fall for loan sharks who offer you money without Schufa query in newspaper advertisements or on the Internet. That is guaranteed dubious.
5. What should I do if my landlord requests a Schufa self-disclosure?
If you absolutely want to have a certain apartment, you have to respond to this abuse, against which even the Schufa is powerless, and submit a self-assessment to the landlord. However, black out the information that the potential landlord does not need to know, such as account or credit card number.
6. Which data does Schufa not save?
Schufa does not store any data on marital status, employer, income and assets, or custody account values. The last three points in particular can be positive for consumers.
7. What data does Schufa store?
Schufa first saves all personal information (surname, first name, date of birth, address and pre-addresses). Even data on people abroad are recorded. It also stores the data on bank accounts, mobile phone accounts, credit cards, leasing contracts, installment transactions and on loans and guarantees.
In addition to this information, the data that is related to this data is also stored: For example, the term of the loan. Payment disruptions or termination are saved. Furthermore, it is saved whether a credit card has been withdrawn or an account has been terminated by the bank.
In addition, the Schufa also collects data related to enforcement measures: namely the submission of the affidavit (EV, formerly: oath of disclosure), an arrest warrant to enforce the EV, the opening of consumer insolvency proceedings or regular bankruptcy proceedings, the rejection of such proceedings due to lack of assets.
8. When does Schufa have to delete this data?
The Schufa entries must be deleted after a certain period of time. Information about inquiries (for example about the request to open a current account) after 12 months. However, the information is only given for 10 days in the form of information. Loans are stored until the end of the third calendar year after the year of full repayment. Guarantees are canceled immediately when the main debt (loan) has been paid. The data on the non-contractual processing of transactions will be deleted after three years if the claims have been settled. Current and credit card accounts are deleted immediately when the account is closed by the customer. Retail customer accounts will be deleted after three years. The data from the debtor registers of the local courts (affidavit [oath of disclosure] and arrest warrant to enforce the oath of disclosure) will be deleted after three years. If you can prove to SCHUFA that the district court has deleted the entry, the data will be prematurely deleted by Schufa.
Although Schufa has to delete the data after the deadline has expired, you should check this as a precaution. In our experience, outdated data is often left in the inventory.
9. Can I find out something about the data that Schufa stores about me?
You have the right (§§ 33ff. Federal Data Protection Act) to check the data stored by Schufa by means of a so-called self-disclosure. You should request your data from Schufa from time to time to prevent surprises. In any case, you should do a self-assessment before taking out a loan or buying a house.
10. What does a Schufa self-assessment look like?
As an example, we have scanned in a typical and original Schufa data overview with information about an average person and only blackened the personal data.
Example: Schufa self-assessment (PDF, 525 KB)
11. How do I get my self-assessment?
You can obtain various self-assessments at www.schufa.de.
The form for the free self-assessment can be found here (PDF, 61 KB).
You can also order by post. To do this, you must copy the front and back of your ID card and send these copies along.
SCHUFA Holding AG
12. What does a self-assessment cost?
SCHUFA offers various information, online and in writing. The prices are different. However, Schufa is obliged to provide consumers with free information about stored data once a year.
13. What can I do if this information is incorrect?
The experience of consumer advocates and lawyers shows that the Schufa database can sometimes contain errors. In particular, prescriptions are sometimes out of date and entries are no longer up-to-date. It is up to you to ensure that the data is corrected or deleted. You have to contact the Schufa and according to paragraphs 33ff. of the Federal Data Protection Act request the deletion, blocking or correction of incorrect data. It is important to defend yourself, otherwise you could be considered a risk customer if the data shows errors.
If the Schufa cannot check within a reasonable period of time whether the data is correct or incorrect, the data will be blocked until the matter has been clarified.
It is also possible and sensible to request the correction of the data from the respective contractual partner of Schufa (for example a bank) at the same time, because the person who caused the wrong entry is obliged to revoke it vis-à-vis Schufa and, if necessary, for the consequences of an incorrect one Entry is liable.
14. How do I write a letter requesting the deletion of the data?
The following sample letter should enable you to write a letter to SCHUFA and its contractual partner yourself if you have found incorrect data in your own information. A brief letter is of course sufficient for less complicated matters. Shorten our suggested wording accordingly. If you explain in a comprehensible and verifiable manner why certain entries are incorrect, in our experience the other side usually reacts quickly and corrects the data.
Sample path 7
11111 model town
To the sample bank
11112 model town
For information to the
SCHUFA Holding AG
Bremen, June 18, 2016
Revocation of an incorrect report to SCHUFA
Dear Sirs and Madames,
On 08/17/2016 I received a Schufa report that I had ordered to check the data. Not all entries are correct. The entry "Current account in progress, termination 354 / 10/23/04, done 11/13/04" comes from your bank. This entry does not correspond to the actual facts.
At this point in time, I had been able to count myself among your institute's customers for 20 years without you having been able to accuse me of misconduct. Even so, one morning I received a letter threatening to close my account. I then asked for the deletion and settlement of the account as well as for notification of the exact balance, with the announcement that the exact balance should be settled immediately after notification. You then canceled the account and reported the cancellation to Schufa.
After I had settled the balance, you forwarded a "completed report" to the Schufa, whereupon the Schufa saved the above entry. This entry does not correspond to the actual occurrence.
You are obliged to revoke this data to Schufa. The right of revocation results from a corresponding application of §§ 823, 1004 BGB as a right to remedy the disruption caused by the inadmissible data transmission. A transmission of data that is not covered by the Federal Data Protection Act constitutes a violation of the general personal right, which as "other right" in the sense of § 823 Paragraph 1 BGB also enjoys negative protection according to the general regulations. The impairment that is necessary for a claim to removal continues to exist as long as the recipient's data has not yet been deleted (Landgericht Karlsruhe MDR 1997, p. 1141f.).
In my case, the data transmission was not permitted because it was not covered by the agreed Schufa clause or the Federal Data Protection Act. The Schufa clause agreed between us stipulates that your credit institute reports data to Schufa due to non-contractual behavior (e.g. check card misuse, requested reminder notices and other enforcement measures), insofar as this is permissible under the Federal Data Protection Act. As a precondition for admissibility, this clause provides, as required by the Federal Court of Justice (NJW 1986, p. 46ff.), That the report is necessary to safeguard the legitimate interests of the bank, a contractual partner of Schufa or the general public, and thus not the interests of the customer worthy of protection be affected. From this it follows that the reports of the bank to the Schufa, which are stored at the Schufa and are to be the subject of information to credit institutions, must be made carefully in terms of content and in strict compliance with the interests of the customer (Oberlandesgericht Frankfurt ZIP 1989, p . 89ff. = NJW-RR 1989, p. 562ff.). Since the clause refers to the Federal Data Protection Act (BDSG), you should have observed the principles developed by the jurisprudence on § 28 BDSG when applying it. As the data transferring agency, you are obliged in each individual case to weigh up your legitimate interests or those of the relevant third parties or the general public before transferring the data. You should also have checked what weight and what value my interests worthy of protection have. You were then not entitled to report the closure of the account and the balance with the feature "termination" to the Schufa. You should only have done this if you could have assumed with certainty that I did not settle the balance immediately due to unwillingness to pay or insolvency (insolvency). However, that was not the case at all. The mere fact that I did not settle the balance on time cannot justify such an assumption without further weighty circumstances occurring. You should also have taken into account that I myself applied for the account to be closed. In addition, a demonstrably fruitless deadline would have been required in any case before the data were transmitted to Schufa. The two "reminders" sent to me before the account was closed to settle the overdrawn account have no legal significance in this context.
If you have not carried out the deletion by January 6, 2005 and have proven to me by means of an updated personal information, I will enforce the deletion in court and claim damages because of the endangerment of my creditworthiness and disadvantages for my acquisition and my advancement (§ 824 Abs. 1 BGB) assert.
15thWhat should I do if the bank refuses to revoke the incorrect data or the Schufa refuses to delete incorrect data?
In particular, if you have suffered damage as a result of the incorrect Schufa data or if there is a threat of damage (for example in the case of an imminent construction financing), you can go to a lawyer who will, if necessary, enforce your claims in court.
You can also call the ombudsman. The Schufa ombudsman is an arbitration board that works free of charge for consumers. In the event of differences or misunderstandings between the consumers and the Schufa, he checks the disputed process neutrally and quickly. If he comes to the conclusion that the consumer has suffered a disadvantage as a result of the Schufa procedure, his arbitration award ensures that the matter is put right. For example, he can initiate a review of the complained report with the relevant contractual partner or - in the case of a justified complaint - initiate the correction of a data record. If, on the other hand, he finds that Schufa has acted correctly, he will explain the facts to the consumer in an understandable manner. For the duration of the procedure, the statute of limitations for the claims of the consumer is considered suspended.
Schufa ombudsman: www.schufa-ombudsmann.de
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